California Legislature Passes Bill to Ban Certain Food Dyes in Public Schools
The California Legislature has approved a groundbreaking bill with bipartisan support that aims to prohibit the use of red dye No. 40 and five other chemicals in foods served at public schools. This legislation could significantly impact the state’s school nutrition standards.
On Thursday, California became the first state in the nation to pass a bill that, if signed into law, would ban these artificial colorings found in popular food items such as cereals, ice creams, beverages, candies, ice pops, and cheese-flavored chips. The Environmental Working Group (EWG), a nonprofit environmental health organization, co-sponsored the legislation along with Consumer Reports.
Dubbed the California School Food Safety Act, the bill was introduced by Democratic Assemblymember Jesse Gabriel in February and is officially known as Assembly Bill 2316. It prohibits school districts, county superintendents, and charter schools serving grades K-12 from offering foods or beverages that contain red dye No. 40, yellow dyes Nos. 5 and 6, blue dyes Nos. 1 and 2, and green dye No. 3.
California Governor Gavin Newsom has until September 30 to sign the bill into law, which, if enacted, will take effect on December 31, 2027.
State Superintendent of Public Instruction Tony Thurmond, who co-sponsored the bill, highlighted the significance of the legislation in the context of California’s vast public school system, which encompasses more than 6.3 million students across 10,000 schools.
The bill emerged from growing concerns that these synthetic dyes could adversely affect children’s learning capabilities. According to a 2021 study conducted by the California Office of Environmental Health Hazard Assessment, these colorings have been linked to behavioral issues and reduced attention spans in children.
Gabriel emphasized the bill’s personal relevance, stating, “It’s important to me as a parent, it’s important to me as somebody who’s struggled with ADHD as a child, and it’s important to me as a parent of a child who is struggling with ADHD.” He noted the profound impact these synthetic dyes can have on children, particularly those with ADHD.
Gabriel further argued that while “new science is available,” the current regulations from the U.S. Food and Drug Administration (FDA) regarding these dyes are based on research that is 35 to 70 years old.
In response, the FDA stated, “Reassessing the safety of chemicals in food as new, relevant data become available is a priority for the FDA.” The agency acknowledged that most children do not experience adverse effects when consuming foods with color additives, although some children may have sensitivities.
John Hewitt of the Consumer Brands Association, representing over 1,700 brands, expressed concern about the potential consequences of the bill. He stated, “It’s unfortunate that scientifically proven, safe ingredients have been demonized for the purpose of advancing a political agenda.”
Hewitt cautioned that the bill could incur additional costs for schools and families and lead to confusion among consumers regarding food choices. However, Thurmond countered, emphasizing the critical importance of addressing health issues among children in the U.S., including asthma, diabetes, and heart disease.
Gabriel echoed this sentiment, noting the potential financial benefits the bill could bring by reducing the resources needed to support children facing difficulties in school. He said, “It’s really expensive.”
If Governor Newsom signs the bill, it would align U.S. food regulations more closely with those of the European Union, where products containing these dyes must carry warning labels indicating potential harm to children. Gabriel stressed the bill’s objective is to encourage manufacturers to adjust recipes to eliminate harmful chemicals while maintaining enjoyable food products.
The EWG previously indicated that very few foods available in California schools contain the banned ingredients. Nevertheless, Gabriel and other proponents believe that California’s economic clout makes this legislation a significant win for the food safety movement, with over 70 organizations supporting the bill.
Following California’s ban on brominated vegetable oil in the California Food Safety Act in October 2023, the FDA revoked its approval for use nine months later. Gabriel noted that at least 10 other states have already introduced similar legislation.
For parents concerned about the health risks associated with these dyes, experts recommend checking ingredient lists of packaged foods, particularly ultra-processed items. Alternatives such as USDA-certified organic foods are recommended, as they do not contain artificial dyes. Reducing sugary beverages and offering nutritious substitutes could also be effective strategies for parents.
The EWG suggests encouraging children to eat colorful, fresh fruits and vegetables as a healthier alternative. Actress Lesley-Ann Brandt shared her approach, stating that she discusses food choices and nutrition with her son, providing alternatives to less healthy options.
Brandt, who grew up in contrasting food environments in South Africa and New Zealand, witnessed firsthand the significant impact of nutrition on health and behavior, particularly in her brother, who faced challenges with ADHD. She highlighted her family’s efforts to avoid heavily processed foods and the positive effects of dietary changes on her brother’s academic performance.